MDPB
[2011] QCAT 4
•4 January 2011
| CITATION: | MDPB [2011] QCAT 4 |
| PARTIES: | MDPB |
| APPLICATION NUMBER: | GAA7425-10 |
| MATTER TYPE: | Guardianship and administration matters for adults |
| HEARING DATE: | 4 January 2011 |
| HEARD AT: | Brisbane |
| DECISION OF: | C Endicott, senior member |
| DELIVERED ON: | 4 January 2011 |
| DELIVERED AT: | Brisbane |
ORDERS MADE: | Application for appointment of a guardian is dismissed |
| CATCHWORDS : | GUARDIANSHIP – no need established for guardian - section 47 of the Queensland Civil and Administrative Tribunal Act 2009 – early end to proceedings |
APPEARANCES and REPRESENTATION (if any):
The hearing took place on the papers in the absence of the parties.
REASONS FOR DECISION
On 2 September 2010 an application by MDPB was lodged with the tribunal in which he sought the appointment of the Adult Guardian as a guardian and The Public Trustee of Queensland as an administrator to make personal and financial decisions for him. As The Public Trustee of Queensland had already been appointed as the administrator of MDPB in May 2008, the tribunal considered that the application as being solely for the appointment of a guardian.
The documents on the tribunal’s file revealed that MDPB had been a permanent resident in a nursing home in regional Queensland since March 2008. There were no known relatives or friends who have maintained contact with MDPB.
On 24 November 2010 a staff member from the tribunal registry wrote to the director of nursing at the nursing home to provide information about methods of decision making for adults with impaired capacity, in particular about the statutory health attorney provisions for health care decisions.
On 25 November 2010 the director of nursing wrote to the tribunal registry with the information that a previous director of nursing at the nursing home had arranged for MDPB to lodge the application for the appointment of a guardian. That person no longer worked at the nursing home. The current director of nursing stated that there was no need for a guardian for MDPB as health care decisions could be made by the Adult Guardian as statutory health attorney for MDPB.
Under the Powers of Attorney Act 1998, a statutory health attorney is authorised to make any decision about a health matter that an adult could lawfully make if the adult had capacity for the matter. The Adult Guardian is the statutory health attorney of last resort in cases where an adult has no family or friends who would otherwise constitute a support network for decision making about health care matters.
In this case, MDPB has no known family or friends who could perform the role of a statutory heath attorney to make health care decisions for him. The Adult Guardian already has valid authority to make decisions about health care for MDPB as a statutory heath attorney without the need of any appointment by this Tribunal.
The application did not disclose any other personal decisions that are needed to be made for MDPB. In those circumstances, the Tribunal finds that there is no need for the appointment of a guardian for MDPB.
Section 47 of the Queensland Civil and Administrative Tribunal Act 2009 gives the tribunal power to bring a proceeding to an early end if the tribunal considers that an application is frivolous, vexatious or misconceived or is lacking in substance or is otherwise an abuse of process.
In view of the finding that there is no need for a guardian, the application must be dismissed as it is lacking in substance.
0
0
0